CAN-SPAM Act of 2003 (S. 877) Compliance
BizActions’ SPAM Policy was developed as an extension of our commitment to combine the highest quality products and services with the absolute highest level of integrity in dealing with our customers (“Sponsors”). This SPAM Policy is designed to assist you in understanding Federal SPAM Law and how BizActions systems maintain compliance.
CAN-SPAM Act of 2003 (S. 877)
The “Controlling the Assault of Non-Solicited Pornography And Marketing” (CAN-SPAM) Act requires Unsolicited Commercial E-mail (UCE) messages to include opt-out instructions and the sender’s physical address if the recipient has not opted-in. It prohibits the use of deceptive subject lines and false headers in such messages. The FTC is authorized (but not required) to establish a “do-not-email” registry. State laws that require labels on unsolicited commercial e-mail or prohibit such messages entirely are pre-empted, although provisions merely addressing falsity and deception would remain in place. The CAN-SPAM Act was signed into law by President Bush on December 16, 2003 and took effect on January 1, 2004.
BizActions will ensure that all portions of the product under our control remain in compliance with Federal SPAM Law. BizActions will also implement procedures that reduce the chances that newsletters will be improperly stopped by client-side SPAM filters. As such, the following practices will be implemented:
- Reply-To: addresses for all newsletters will be set by the Sponsors in the Sponsor Center. The address must be valid and must be checked regularly.
- An unsubscribe link within each newsletter will allow any Member of any Sponsor to unsubscribe from that newsletter with a single click.
- Each newsletter sent to a Prospect or Referral will contain a watermarked footer with the Sponsor’s address and the words “In compliance with Federal Law, we disclose that this is a commercial email.”
The following activities are interpreted as SPAM practices and are strictly forbidden by BizActions:
- Sending email to non-specific addresses (ex. firstname.lastname@example.org or email@example.com) or distribution lists which then send indirectly to various other email addresses.
- Using a purchased or harvested list of any type.
- Ignoring unsubscribe requests sent to the Reply-To: address.
BizActions reserves the right to reject and remove any email address from the system if it is in violation of any of the above or if it is suspected of being a blacklist “feeler” address. BizActions may also impose a Prospect Opt-In requirement for Sponsors with large lists of Prospects.
Any Sponsor found to be using BizActions products or services for spamming purposes may, at BizActions’ discretion, be immediately cut off from use of all BizActions products and services, with no refund of fees that have been paid. BizActions warns all of its Sponsors when signing up that if they participate in spamming activities they will be subject to the loss of BizActions services and possible legal action.
BizActions has the right to actively review its Sponsors’ subscriber lists and email for potential SPAM. If BizActions suspects any customers to be spamming, it will issue a warning, and if the activities are serious enough, BizActions will take action immediately. If BizActions has any reason to believe the Sponsor, despite warning being given, threatens to or is continuing to send SPAM, then BizActions may take action immediately, including, but not limited to, disabling the Sponsor’s account.
BizActions does not attempt to censor any content or curtail the business of its Sponsors. However, SPAM activities do not fall within use authorized by BizActions and will not be tolerated.
BizActions reserves the right to change this Policy at any time. If we do change the Policy, we will provide notification of the change as quickly as possible before the change takes effect and will include directions for how you can respond to the changes. Continued use of BizActions products and services after any such changes shall be considered acceptance of the new policy.
Questions regarding this SPAM Policy should be submitted through the website’s “Contact Us” form or by calling BizActions at 1-866-240-8477. This policy was last updated on March 11, 2004.